Landlord Legal Responsibilities: The Landlord Responsibilities Checklist

Legal Responsibilities of the Landlord

Becoming a landlord is an exciting and potentially very lucrative journey, however it does come with significant legal responsibilities. Understanding these obligations is crucial for protecting your investment. If you’ve just purchased a buy-to-let property and are wondering what next, the Landlord Responsibilities Checklist is for you. Our expert property solicitors will guide you through the essential landlord legal responsibilities you should be aware of to help your rental business get off to the best start.

If you are thinking about becoming a landlord, you may want to read Legal, Tax and Borrowing Considerations for Buy to Let for First Time Buyers.

Ensuring tenant safety:

First and foremost, becoming  a landlord of privately rented property comes with significant legal responsibilities aimed at ensuring tenant safety and property compliance. This is not a job to be taken lightly. There can be serious consequences  for overlooking safety, including hefty fines. In particular, you must ensure the following checks and standards by law:

1. Gas safety: landlords must ensure all gas appliances, systems, and flues provided within buy-to-let properties are safely fitted, maintained, and checked annually by a Gas Safe registered engineer. This covers boilers, cookers, and radiators, as well as chimneys and pipework. The Landlord Gas Safety Record produced by engineers must be provided to new tenants before they move in and within 28 days of each mandatory annual check to existing tenants. You must also arrange necessary repairs for any problems identified during gas safety inspections by a qualified engineer.

2. Electrical checks: any electrical systems in privately rented buy-to-let properties must be inspected and tested at least every five years by a qualified, competent professional. This includes electrical installations such as light fittings, plug sockets, wiring, and fuse boxes, but does not generally apply to portable appliances (although it is good practice to do so). As with gas safety, the Electrical Safety Certificate (also known as EICR)  issued by the checks must be made available to new and existing tenants, and any remedial works identified carried out to ensure the buy-to-let property meets electrical safety standards. Local authorities can also request a copy of any electrical safety reports from landlords, which you must provide within 7 days. In addition, the engineer who carries out the next electrical safety check will need to see a copy of the previous report. It is therefore important that you retain all paperwork safely.

3. Fire alarms: at least one working smoke alarm must be installed on every floor of a buy-to-let property where a room is used for living accommodation. Carbon monoxide alarms must also be present in any room containing fixed combustion appliances (such as gas boilers and wood burning stoves, but excluding gas cookers). All alarms must be in proper working order at the start of a new tenancy, and repaired if any faults are notified by the tenant.

Prefer to watch a video? Watch Starck Uberoi’s Head of Commercial Property, Laura Maltby, in the video Becoming a Landlord. Tops Tips for First Time Landlords

How to Rent Guide

At the start of a tenancy, it is mandatory for landlords to provide the latest version of the “How to Rent” guide to tenants. This is an online document issued by the government, which details the tenant’s rights and responsibilities, as well as the  landlord responsibilities. It provides useful information for each stage of the process, from what to look out for before renting a property to what happens at the end, as well what to do when problems arise. If you don’t provide tenants with this guide, it can land you in a lot of difficulty if you ever need to evict your tenant and repossess your property.  You can access a copy of the latest version here, but be sure to keep a look out for any updates.  

Minimum Energy Efficiency Standards (MEES):

Energy efficiency in homes is big on the government’s agenda as it strives to reach its net-zero target by 2050. When it comes to domestic private rented properties, the energy consumption of a property is crucial in helping tenants understand how much they can expect to pay on bills. Energy Performance Certificates (EPCs) produced by qualified assessors rate a property’s energy efficiency on a sliding scale from A (being the most efficient) to G being the least. The law is very clear that landlords must ensure any new and existing tenancies of domestic private buy-to-let properties meet the minimum energy efficiency rating of E or above (unless a valid exemption is registered). This is set to increase to a minimum rating of C for new tenancies from 2025, and all existing tenancies by 2028. EPCs must be made available at the point of marketing the property to rent, and a copy given to tenants. Once issued, EPCs last for 10 years and need only be re-issued when the property is next sold or let to new tenants.

Tenancy agreements:

A landlord-tenant relationship needs to be governed by a clear, compliant, and legally-binding agreement for the arrangement to work. The Assured Shorthold Tenancy (AST) is the most common form of tenancy agreement used in the UK. It establishes a standardised framework for the private renting of buy-to-let property. The AST clearly outlines the rights and obligations of both parties, including length of tenancy (typically fixed terms of 6 months or one year), the amount of rent, responsibility for repairs, and notice periods for ending the tenancy. This helps reduce the likelihood of disputes, but also provides grounds on which you can enforce the agreement if the tenant is in breach of clearly defined responsibilities. Importantly for landlords, the AST offers the flexibility to regain possession of the buy-to-let property at the end of the tenancy by following prescribed procedures. For those unfamiliar with ASTs, it is wise to enlist the help of experienced property professionals to help draw up a compliant agreement.

Tenancy Deposits:

Another key consideration for first-time landlords of buy-to-let properties is tenancy deposits. At the start of an AST, it is common for landlords to collect and retain a sum of money from incoming tenants (usually one month’s rent paid upfront). Also known as a ‘security deposit’ or ‘rental deposit’, this acts as a safety net protecting landlords from unpaid rent,  property damage, or other costs. Unless you need to make deductions to cover financial losses, the full deposit must be returned to tenants at the end of the tenancy.

Importantly, landlords are required to protect tenant deposits in government-approved schemes, either custodial or insured. Custodial schemes hold the deposit during the tenancy, while insured schemes allow landlords to keep the deposit but protect it with a fee. Both types of schemes ensure that tenant deposits are protected and provide a fair process for resolving disputes between landlords and tenants. Failure to protect a deposit in one of these schemes can result in financial penalties for landlords.

At the time of writing the approved governent schemes are: 

• Tenancy Deposit Scheme 

• Deposit Protection Service

• MyDeposits

You usually have 30 days’ of receipt of the deposit to submit it to an authorised scheme. You must also provide tenants with what is known as ‘prescribed information’ which covers key contact information and details about the chosen scheme.

Landlord Licensing Requirements:

If you intend to rent out your buy-to-let property to three or more tenants, who form more then one household, and share kitchen, toilet, or bathroom facilities –  it may classify as a House in Multiple Occupation (HMO). This includes properties such as shared houses, student accommodation, and bedsits.  You must check with your local authority if your HMO needs a licence, ensuring it is safe and suitable for housing multiple occupants. Mandatory licensing is always required for large HMOs (housing 5 or more people). Additional licensing requirements may be imposed by individual local authorities at their discretion to smaller HMOs. Some councils also run selective licensing schemes, which require all privately rented properties and those who operate them to meet certain standards.

Renting out buy-to-let property without the right licence is a serious issue, with landlords potentially facing hefty fines and a criminal record. Tenants of unlicensed HMOs might also be able to reclaim back some of their rent. It therefore pays to be vigilant here, and seek help from a property solicitor if you are unsure.

Bear in mind all the usual rules listed above about safety checks still apply to HMOs. HMO licences last 5 years, and must be obtained in respect of each buy-to-let premises run as a HMO. You may also need to obtain planning permission from your local authority first if you intend to convert a large house into individual flats, or a HMO. 

Conclusion and Key Takeaways

Getting your head around the landlord legal responsibilities can be complex, but it is essential for the success of your rental business. To recap, the Landlord Responsibilities Checklist is:             

• ensuring tenant safety through gas safety, electrical checks, and fire alarms
• only letting or continuing to let properties with an EPC rating of E or above
• serving tenants with the latest version of the “How to Rent” guide
• placing any tenant deposits into secured schemes
• providing tenants with certificates from safety checks and prescribed information about the tenancy deposit schemes
• entering a compliant AST with your tenant that clearly defines each parties’ rights and obligations
• obtaining HMO licences and any other relevant permissions from local authorities if needed

If you are a first-time landlord concerned about compliance with the latest laws, we’ve got you covered. Our friendly and knowledgeable property solicitors at Starck Uberoi have a wealth of experience working with both those who are becoming a landlord for the first time and seasoned landlords. We provide tailored legal advice and guidance to protect your interests and give you peace of mind.

To book an appointment, please call 020 8840 6440 or email solicitor@starckuberoi.co.uk. Our offices are located in Brentford, Richmond, Ealing, London Belgravia and Canterbury, all within easy reach by public transport.

You may also be interested in 

• Buy to Let via a Limited Company – this article explains the benefits of purchasing rental property via a Limited Company rather than as an individual

• Buy to Let and Buy to Let Conveyancing Quotes – a really useful guide which answers many questions that someone who is considering becoming a landlord, will be asking.